Trials for International Crimes in AsiaKirsten Sellars Cambridge University Press, 2015 M10 22 The issue of international crimes is highly topical in Asia, with still-resonant claims against the Japanese for war crimes, and deep schisms resulting from crimes in Bangladesh, Cambodia, and East Timor. Over the years, the region has hosted a succession of tribunals, from those held in Manila, Singapore and Tokyo after the Asia-Pacific War to those currently running in Dhaka and Phnom Penh. This book draws on extensive new research and offers the first comprehensive legal appraisal of the Asian trials. As well as the famous tribunals, it also considers lesser-known examples, such as the Dutch and Soviet trials of the Japanese, the Cambodian trial of the Khmer Rouge, and the Indonesian trials of their own military personnel. It focuses on their approach to the elements of international crimes, and their contribution to general theories of liability. In the process, this book challenges some orthodoxies about the development of international criminal law. |
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... forces occupying the country had given the Kempeitai their guns back so that they could help fight a common enemy: the Viet Minh.3 A similar thing happened in Netherlands East Indies. At the end of the war, the invading British used the ...
... forces occupying the country had given the Kempeitai their guns back so that they could help fight a common enemy: the Viet Minh.3 A similar thing happened in Netherlands East Indies. At the end of the war, the invading British used the ...
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... forces in Manchuria in 1945 and held in the Soviet Far East before being sent back to China in 1950. Other Japanese remnants had fought on in China as members of anticommunist militias during the civil war period ending in 1949. The ...
... forces in Manchuria in 1945 and held in the Soviet Far East before being sent back to China in 1950. Other Japanese remnants had fought on in China as members of anticommunist militias during the civil war period ending in 1949. The ...
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... forces will not be punished for these offences [war crimes] in case they are committed under the orders or sanction of their government or commanders.'33 This was rescinded and replaced with Article 345.1, which stated, Individuals and ...
... forces will not be punished for these offences [war crimes] in case they are committed under the orders or sanction of their government or commanders.'33 This was rescinded and replaced with Article 345.1, which stated, Individuals and ...
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... forces in December, the new leader of Bangladesh, Mujibur Rahman, hoping to stop the bloodshed and prevent further communal violence, proposed two sets of trials: one to deal with Pakistanis accused of committing international crimes ...
... forces in December, the new leader of Bangladesh, Mujibur Rahman, hoping to stop the bloodshed and prevent further communal violence, proposed two sets of trials: one to deal with Pakistanis accused of committing international crimes ...
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... forces ... and have aided or abetted the Pakistan Armed forces of occupation in committing genocide and crimes against humanity and in committing atrocities ... and have otherwise aided or cooperated with or acted in the interest of the ...
... forces ... and have aided or abetted the Pakistan Armed forces of occupation in committing genocide and crimes against humanity and in committing atrocities ... and have otherwise aided or cooperated with or acted in the interest of the ...
Contents
command responsibility the Tokyo | |
Colonial justice in the Netherlands Indies war crimes | |
The superior orders defence at the postwar trials | |
the Soviet riposte to the Tokyo | |
VALENT YNA POLUNINA | |
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Common terms and phrases
accused acts Amendment argued Army Article atrocities attack Bangladesh British Cambodia charged Chinese civilian Code command responsibility commission common plan conspiracy Convention convicted coperpetration crimes against humanity crimes against peace crimes committed crimes trials criminal responsibility customary international law Damiri December defence counsel doctrine domestic Dutch East Timor ECCC established evidence example execution forces genocide Groot guilty Human Rights Court Ibid ICTY Ieng Sary Indictment Indonesian International Criminal Court international criminal law International Military Tribunal investigation issue Japan Japanese war criminals joint criminal enterprise judges jurisprudence justice Khabarovsk Khmer Rouge killing leaders mens rea military law modes of liability Mujahid murder Netherlands Indies Nuon offences Office organisation Pakistan pars participation People’s Republic perpetrators person plea political postwar PreTrial Chamber principle prisoners prosecution Prosecutor punishment Rome Statute sentence subordinates superior orders superior responsibility Tokyo Tribunal troops UNWCC war crimes Yamashita